23 Amendments of Karima DELLI related to 2017/2003(INI)
Amendment 33 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses the need for a clear distinction between ‘'professional’' and ‘'non- professional’' platforms and to recognise activities in the platform economy that are properly categorised as ‘'work’'; stresses that an important criteria to distinguish a peer from a professional is whether the user is making a profit or only sharing costs;
Amendment 34 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that new forms of work based on digitalisation and on the principles of the collaborative economy often uncouple the place of work from the enterprise; stresses that in such cases the principle of equal pay for equal work at the same workplace is being challenged while it is of utmost importance to ensure just and fair wages; stresses that digitalisation and the collaborative economy have the potential to challenge the principle of lex loci laboris - which determines the law applicable to the worker's social protection according to connecting criteria related to the workplace - as regards wages and working conditions; considers that the protection of workers should not be reduced when applying the relevant rules of choice of law to new forms of work;
Amendment 36 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the Member States’ response to the development of collaborative business models has so far been very fragmented; welcomes in this regard the Commission communication on a European agenda for the collaborativeand its attempt to define the collaborative economy by opposition to the platform economy, but regrets that it fails to establish an explicit harmonised legal framework for the collaborative economy;
Amendment 38 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for specific and tailor-made approaches to new forms of work, based on a common understanding of what the different emerging forms of employment are and how to apply the relevant labour and social legislation; calls on the Commission to promote a national and cross-national exchange of information and experience, including between governments and social partners, of these to support an EU-wide understanding of and provide guidance on different new and atypical forms of employment and self-employment;
Amendment 48 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that, in the context of the collaborative economy, issues related to consumer protection, liability allocation, insurance schemes, social protection of workerservice provider obligations, necessary differenciation between individual service providers and professionnal ones, social protection and fiscal conditions of workers in the case of the latter (whether they are employed or self-employed), reliability of the evaluation system, and data protection are the most urgent ones, and expects a regulatory intervention in that regard; emphasises that a regulatory framework should create a level playing field, foster innovations and contribute to the overall development and fulfilment of the EU transport policy goals, such as transport decarbonisation, territorial cohesion, affordability, accessibility and safety, infrastructure optimisation and eventually sustainable alternatives to private cars;
Amendment 50 #
2. States that all workers in the platform economy are either employed or self-employed based on the primacy of facts; recalls in this context that the Court of Justice has defined the concept of ‘'worker’' on the basis of an employment rRelationship characterised by certain criteria such as subordination, remuneration and the nature of work;1a; _________________ 1a see ECJ C 596/12, Paragraph 17 and ECJ C 232/09, Paragraph 39
Amendment 52 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that all workers need to enjoy adequate protection and security in terms of working conditions, wages, social protection and health and safety and that the quality of their employment has to be guaranteed at all times, irrespective of whether they perform their work through a platform or not;
Amendment 55 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that working in the collaborative economy and organising work through a platform may not lead to avoidance of taxes and social contributions nor to non-compliance with employment and social regulations; calls on the Commission and Member States to closely monitor the application of the legislation concerned and to take firm actions in case of their violation;
Amendment 64 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a framework directive on decent working conditions infor all forms of employment, in the context of the European pillar of Social Rights, extending existing minimum standards to new kinds of employment relationships, including for the platform economy in order to guarantee the legal situation of platform workers and to ensure that all platform workers have the same social and employment rights and health and safety protection as workers in the traditional economy;
Amendment 72 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the need to adapt existing social protection schemes to the needs of the workers in the collaborative economy to ensure the adequate coverage of the workers concerned;
Amendment 77 #
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to ensure adequate social security for self-employed workers, who are key players in the digital labour market; calls on Member States and the EU to urgently develop new mechanisms of protection which are adequate to the working and career patterns shaped by digitalisation; stresses that freedom of association and collective action are fundamental rights which must apply to all workers;
Amendment 82 #
Draft opinion
Paragraph 4
Paragraph 4
4. Recalls the potential of collaborative economy models to improve the efficiency of the transport system and reduce undesired externalities of traffic such as congestion and emissions; emphasises the need to fully integrate collaborative transport services into the conventional transport system and tolocal mobility planification schemes, in order to find complementarities with public services and avoid administrative systems or legislative measures which might lead to exclusion of collaborative transport services from transport planning and operations, with a view to enabling the creation of smooth complete travel chains and the provision of new forms of sustainable mobility;
Amendment 83 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Is concerned that the absence of clear regulation of the status of people working in the collaborative economy increases the risk of false self-employment and evasion of social contributions and wage levels defined by legislation and/or collective agreements; considers it necessary also for Member States to clearly identify false self-employment and sanction employers if such cases are identified and proven1a; recalls that bogus self-employment should be turned into wage earning when criteria of remuneration and subordination are fulfilled; _________________ 1aEurofound EurWork Digitalisation and working life: lessons from the Uber cases around Europe, 2016
Amendment 92 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for more reliable and comprehensive data on jobs and working conditions in the platform economy and for the adjustment of related policies to create a level playing field between the platform and traditional economies and to ensure the adequate protection of employment and labour rights of all workers, irrespective of their official status or qualification as employee or self- employed;
Amendment 98 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Points out that the growth of the platform economy, and reactions to it, reveal the opportunities, limits, challenges and ways of addressing the development of forms of contracting work and activities that do not easily fit into the traditional categories of subordinated and independent work; therefore calls for a clarification of how these activities will align with the more established labour market models1a; _________________ 1aEurofound EurWork Digitalisation and working life: lessons from the Uber cases around Europe, 2016
Amendment 113 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the need to clearly distinguish between legitimate ride-cost sharing and the provision of commercial transporting and touristic services (i.e. ‘non- professional’ vs ‘professional’ service provision) in EU terminology, and urges the Commission to come up with proposals to adapt Union legislation accordingly; considers the monetary threshold to be one advisable way to make this distinction;
Amendment 123 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for EU standards on transparency and disclosure obligations for platform operators in order to monitor tax payments, social security contributions and practices regarding the rating of work on platforms and how it affects the working conditions as well as the social rights and entitlements of workers;
Amendment 125 #
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Member States to controle users' activities and establish measures to reduce the risk and possibility of the occurrence of grey economy activities and tax avoidance in accordance with collaborative economy services, and invites the Commission to facilitate an exchange of best practises between tax authorities and stakeholders with a view to developing appropriate solutions for payments of taxes in the sharing economy;
Amendment 132 #
Draft opinion
Paragraph 7
Paragraph 7
7. Warns of the danger that, without an appropriate legal framework, intermediation platforms might serve as a suitable seedbed for new monopolies, and therefore asks the Commission to monitor the development of the market and, where needed, to propose measures to protect the competitiveness of European companies in a European market, with a particular focus on the inclusion of micro, small and medium sized enterprises;
Amendment 143 #
Draft opinion
Paragraph 7
Paragraph 7
7. Underlines that constant accessipermanent availability represents a serious health and safety risk in the platform economy and jeopardises a stable work-life balance; advocates the establishment of a ‘'right to log off’'.
Amendment 149 #
Draft opinion
Paragraph 8
Paragraph 8
8. Calls on the Commission to include representatives of the collaborative economy in stakeholder dialogues and impact assessment procedures as well as to integrate users and environmental NGO's and trade unions..
Amendment 151 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the urgent need to discuss and develop better policy frameworks as regards data ownership of employees at the workplace; points to the risk that constant supervision using digital techniques can have for the working environment and for stress at work; points out in this context that research clearly indicates that higher pressure and supervision do not increase performance but health risks, mistakes and accidents;
Amendment 155 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recommends that new forms of employment and the protection of the workers concerned should also be included in policy areas other than labour and social protection, such as internal market policies, regional development, sectorial development and business development;